Bank of Baroda v. Govind Bhguji Deokar
Case brief
What is this about?
A Debt Recovery Tribunal allowed an interlocutory application by the applicant bank seeking to withdraw an original application filed before the Tribunal as they intended to pursue the matter as a mortgage suit in the proper jurisdiction. The Tribunal permitted withdrawal, return of original documents, and refund of court fees.
What did the court decide?
Original Application dismissed as withdrawn; original documents returned; entire court fees refunded to the applicant.
What the court decided
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
| 19.1 Sr. |
0.202 No.13 |
2 |
OA No.264/2022 |
|---|---|---|---|
| Classific ation |
No. of Exh. |
||
| INT Bank Vers Govi Mr. B None 1. 2. 3. |
ERLOCUTORY APPLICATION NO. 1480/2022 IN ORIGINAL APPLICATION No.264/2022 of Baroda ..Applicant us nd Bhaguji Deokar & others ..Defendants . A. Panchal - Advocate for the applicant-bank. for the defendants. By this Interlocutory Application the applicant bank seeks permission of this Tribunal to withdraw the Original Application. In this matter the learned counsel for the applicant submits that, they have filed withdrawal application as they want to file the matter in the proper jurisdiction of the trial court as mortgage suit. The applicant therefore, seeks permission of this Tribunal to withdraw the Original Application. The applicant also seeks return of original documents and refund of the court fees. |
||
| 4. 5. |
The applicant has made out the case for withdrawal of the original application, return of original documents and refund of the court fees. Since the Court was of the opinion with the fact that if remedy is persuaded in wrong court therefore the Original Application was returned. Accordingly, as per the various pronouncements of the Hon’ble Apex Court and the Hon’ble High Courts, the court fee paid by the applicant-bank has to be refunded. |
[SBJ] (OA No.264/2022) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
Issues for consideration
1 issue framed by the court
Whether permission to withdraw an original application before this Tribunal is grantable in view of non-maintenance of jurisdiction.
Parties & counsel
- applicant
Baroda
- respondent
Bhaguji Deokar & others
Coram
Vimal Gupta
Case details
As recorded by the court registry
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